Missing boy's mother sent for psychiatric evaluation

Elsa Oliver is seated Tuesday in Fitchburg District Court for arraignment on charges in the disappearance of her 5-year-old son Jeremiah Oliver.

FITCHBURG — When the mother of a missing 5-year-old boy was ordered Tuesday afternoon to undergo a mental health evaluation, the child's uncle stormed out of the courtroom screaming and cursing.

"Where is my nephew?" Sandrino Oliver demanded to anyone who would listen. "Where is he?"

Mr. Oliver's nephew, Jeremiah Oliver, was last seen by some family members in September. His disappearance is being investigated as a possible homicide, according to the Worcester district attorney.

While Sandrino Oliver was demanding to know where his nephew was, family members who joined him outside Fitchburg District Court were calmer but said they were equally upset because Elsa Oliver has not told police where her son is. Police only found out Friday that the child was missing.

"They're going to put her in mental health evaluation, but where is the child?" asked Jeremiah's aunt Luz Oliver of Worcester.

Family members waited several hours Tuesday for the child's mother to appear in court to be arraigned on two charges of reckless endangerment of a child and two counts of being an accessory after the fact of a felony (assault and battery with a dangerous weapon).

While the family was in court, the state Department of Children and Families announced it had fired a social worker and a supervisor for failing to verify a report made in June by the child's day care that Elsa Oliver had said it was Jeremiah's last day and that he would be leaving for Florida to live with his grandmother. The department had investigated abuse in the Oliver household after it was reported to school officials.

The department has since learned that this information was not appropriately verified by the social worker, who also failed to conduct monthly home visits, as required by department policy. As a result, after both employees were fired, a review of their cases has been initiated.

Service Employees International Union Local 509, which represents caseworkers at DCF, issued a statement Tuesday after the firings. Union spokesman Jason Stephany said, "We are disappointed that Commissioner (Olga) Roche is more interested in finger-pointing than accepting responsibility for yet another tragedy on her watch.

"The sad truth is that caseloads at the Department of Children & Families have long stood at crisis levels, yet Commissioner Roche has done little to address them. Instead, the Commissioner has chosen a convenient scapegoat to deflect blame from department administrators – terminating caseworkers without any formal investigation, whatsoever."

He added, "But without immediate action to address the Commissioner's caseload crisis, it is only a matter of time before another tragedy occurs."

Before the arraignment Tuesday afternoon, Elsa Oliver appeared with court officers outside the courtroom but balked when she was told to enter. Her lawyer, James Gavin Reardon Jr. of Shrewsbury, went out to talk to her and she eventually entered the courtroom.

Before the arraignment, a hearing was held to determine if Ms. Oliver, 28, of 276 Kimball St. should be required to appear in court during the arraignment. Mr. Reardon argued that there were safety concerns and the possibility of retaliation against her. Assistant District Attorney Cheryl O'Connell-Riddle disagreed that there were safety concerns and said it was important that Ms. Oliver appear in court.

"I believe the community has the right to see the defendant," she said.

Judge Mandell ruled in favor of the prosecution.

After Ms. Oliver entered the court, she was arraigned on the four charges and also a charge of assault and battery with a dangerous weapon, a belt. The arraignment was delayed for hours while a court clinician, Dr. Hanya H. Bluestone, a psychiatrist, evaluated her for competency to stand trial.

Ms. Bluestone told the court she found Ms. Oliver to be very suspicious and guarded and her mood irritable and angry.

"She is fearful she would be poisoned and indicated recently she was poisoned," she said. "She may have a substantial disorder of mood and thought."

The competency hearing was requested because Mr. Reardon said that although he had extensive contact with his client, she is almost completely uncooperative.

"I have significant concerns about her," he said.

Mr. Reardon said he has concerns about her safety and her competency because he does not know what is going on with her.

"I've had minimal communication with her," he said.

Relatives of the child were not buying that she has mental health issues. Jeremiah's aunt Rose Valcourt of Worcester said Elsa Oliver is significantly different than the last time she saw her, but she thinks the mental health issues are an act.

"She's probably playing stupid and trying to get through the cracks in the system," she said.

Judge Mandell ordered Ms. Oliver sent to the Worcester Recovery Center and Hospital for evaluation both for mental health and physical health. She is being held without bail while she is being evaluated. She is due back in Fitchburg District Court on Dec. 24.

Ms. Oliver's boyfriend, Alberto L. Sierra, 22, of 164 Meadowbrook Lane, was arraigned Monday on two counts of assault and battery with a dangerous weapon (a knife) and two counts of assault and battery on a child causing bodily injury. He is being held without bail in the Worcester County Jail in West Boylston.

Mr. Sierra is accused of attacking Jeremiah and one of his young siblings with a knife, according to Worcester District Attorney Joseph Early Jr., while Ms. Oliver was charged as an accessory after the fact to the attacks. Mr. Sierra is due back in court Thursday for a dangerousness hearing.

Documents in Fitchburg District Court indicate Mr. Sierra is alleged to have physically abused Ms. Oliver in front of the children. On Friday, Ms. Oliver appeared at court for a care and protection hearing but refused to cooperate and "fled the courthouse," according to court records.

Mr. Early said state and Fitchburg police went to the Oliver home Friday with a search warrant after hearing from Reingold Elementary School nurse Helen Tisdale about concerns that school personnel had about abuse in the home.

Mr. Early said he could not say why it took so long for police to be notified of the child's disappearance. Mr. Early's spokesman, Timothy Connolly, said Jeremiah's 8-year-old sister had brought the situation to the school's attention and also told school officials she suffered abuse. The girl and her older brother have since been taken into the care of the state Department of Child and Families.

A judge ordered Ms. Oliver to produce her missing son to the court, Mr. Early said. As of Tuesday evening, she had failed to do so. A hearing was also held Tuesday afternoon in Fitchburg Juvenile Court to address the order that the child be produced. The hearing was held in a closed session and neither Mr. Reardon nor anyone from the district attorney's office would comment about the outcome.

The results of Friday's search at the Oliver home were not available in court Tuesday. The district attorney's office would not comment about what was found during the search of the home, but neighbors said they saw police removing black trash bags from the apartment on Friday.

Police are asking for the public's help in finding the missing child.

The boy is about 40 inches tall and weighs about 40 pounds. He has brown eyes and brown hair.

Anyone with information about where he is or what happened to him is asked to call the state police detectives assigned to Mr. Early's office at (508) 832-9124 or Fitchburg police at (978) 345-9648.

Contact George Barnes at george.barnes@telegram.com. Follow him on Twitter @georgebarnesTG